- 14 - Fourthly, the promissory note on which petitioner relies does not help petitioner’s case on this record. The note was for $135,000--the $100,000 Parker paid for the Corporations plus the $35,000 Parker paid for the Partnership Interests. The note bears interest at 6 percent per year. The parties have stipulated that, through September 25, 2003, petitioner’s payments to Parker on the note aggregated $28,933.23. This is approximately the amount of the required interest payments alone. Thus, we cannot conclude from the parties’ stipulation or anything else in the record to which our attention has been directed, that petitioner has yet repaid any of the $100,000 that Parker paid to him for the Corporations. Also, (1) petitioner’s failure to repay Parker promptly in 2000, after the consent order was entered and after petitioner was discharged from bankruptcy, and (2) petitioner’s failure to repay Parker in the 3� years after he signed the promissory note, suggest that petitioner did not in 1996 make any provisions for repayment. Of course, “The best laid schemes o’ mice and men/Gang aft a-gley.” Burns, “To a Mouse”, st. 7, in Bartlett’s Familiar Quotations 377 (17th ed. 2002). But if petitioner had in fact made any such provisions, then we would expect to have heard from him what those provisions were. O’Dwyer v. Commissioner, 266 F.2d at 584; Stoumen v. Commissioner, 208 F.2d at 907; Wichita Terminal Elevator Co. v. Commissioner, 6 T.C. at 1165.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
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